Lampert and Peress Prevail in Premises Liability Case

July 15, 2019 | Matthew A. Lampert | Janine L. Peress | General Liability

Matthew Lampert and Janine Peress obtained victory in a premises liability case before Judge Boddie in Kings County.

The plaintiff commenced this action to recover for injuries sustained when she tripped and fell while descending a staircase on the insured’s premises.  The plaintiff admitted at her deposition that she could neither identify the cause of her fall nor the location of her accident.  Plaintiff’s counsel opposed the motion citing to testimony wherein plaintiff purportedly identified a height differential on the steps between rubber nosing and the adjoining carpet.

Peress drafted and Lampert argued the motion and convinced the Court that the plaintiff’s argument was a complete mischaracterization of the testimony, as that portion of plaintiff’s testimony involved a completely different step.

Judge Boddie agreed with our motion and Lampert’s oral argument, and granted the motion from the bench.

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